Query:
Attention: publishers, agents,
and screenplay producers:
Who ever heard of a chicken farmer's son from
Clarita, Oklahoma, taking on the largest corporation
in the world? Yet, this is exactly what Edward Eugene
Baskett has done in writing his book, I Leap
Over Their Heads!
Edward's writing is naturally engaging
and will grip the reader from the first page to
the last page of this controversial volume. The
reader will feel a personal connection with the
author immediately, as though she has known him
all her life. Edward is something of a mystery.
To speak with him on the phone or to meet him in
person is an inspiring experience. He is a gentle,
low-key albeit colorful man. When faced with a challenge,
however, this otherwise gentlemanly individual can
recoil and strike like a rattlesnake. Edward's writing
reflects this dichotomy fiercely and beautifully.
Edward has been described as a male version of Erin
Brockovich, fighting the good fight not for his
own benefit, but for the cause of justice.
Our primary concern is to find a
publisher who will not shy away from controversy
and who is willing to negotiate in good faith on
an advance. I Leap Over Their Heads! will
be a best seller before it ever hits the shelves.
Edward has a mailing list of approximately 23 000
Christian Scientists, Christian Science churches
and reading rooms. There is probably not a Christian
Scientist in America or around the world who is
not familiar with his name. But it is not only Christian
Scientists who will be interested in reading this
book. Anyone who is interested in the fight for
social justice, anyone who has ever felt like the
"little guy" versus Corporate America will find
strength in this real life David and Goliath story.
Potential Audiences: I Leap
Over Their Heads! will be of interest to many
people. The nature of the struggle between Corporate
America and the "little guy" is familiar to most.
In addition, this book will be of particular interest
to: Christian Scientists, The European Union, Lawyers,
Health Insurance Clients, Health Insurance Providers,
GE stockholders, GE employees, Investigative Reporters,
High School, College and University students and
teachers, Gay Activists, HMO's.
Thank you for considering "I Leap
Over Their Heads"
We also
invite you to read the first three chapters of Edward
Eugene Baskett's
e-book, "An Accused
Homosexual Looks at American Justice"
Biography:
Edward Baskett began his career in insurance sales
desiring one end: to be known as a man of integrity.
This desire stemmed from his remarkable upbringing,
a rare expression of rearing a child for greatness.
While not a Christian Scientist himself, Baskett
agrees with the essence of the Christian Science
message. His Christian Science customers truly appreciated
his service and friendship. His unique take on spirituality
feeds directly into his conviction about the tragedy
inflicted upon hundreds of unsuspecting Christian
Science health insurance holders.
This will be the second book for Edward. His first
book, Entrapped - An Accused Homosexual Looks
at American Justice (Lawrence Hill Publishing
Company: Westport, CT), has been used in some of
the greatest universities of the nation and made
the reading list of Boston University Medical School,
Psychology Division. Potential audiences for Edward's
upcoming book include: Christian Scientists, lawyers,
health insurance providers and clients, GE stockholders
and employees, the European Union, investigative
reporters, high school, college and university students
and teachers, gay activists and Health Maintenance
Organizations.
Synopsis:
The book describes the David and Goliath struggle
between the largest corporation in the world, GE,
and one of the most controversial religions in the
world, Christian Science. This saga pits General
Electric and Christian Scientists against one another
in a battle complicated by corporate greed, broken
promises and unanswered questions. The result: a
travesty riddled with unclean motives and a group
of trusting people left out in the cold.
While many may view the ability to sell health
insurance to Christian Scientists as the equivalent
of selling refrigerators in the Arctic, Baskett's
insight into Christian Scientists' true beliefs
dispels any potential conflicts of interests due
to divine-healing beliefs. Edward's book will not
outline the complete Christian Science religion;
however, I Leap Over Their Heads! will address
some specifics concerning the beliefs of Christian
Science.
In the midst of this already-engaging story enters
GE. A corporate giant, GE bought out the Combined
Insurance Company of America/Group Division, an
insurance firm founded by W. Clement Stone who,
himself, was reared in Christian Science. Edward
Baskett represented these health insurance policies
for over twenty-five years. Suddenly, and without
justifiable cause, the group health insurance policy
for 1,100 Christian Scientists was canceled. The
hope invested in protecting themselves and their
loved ones from financial hardship due to health
problems melted away like snow in June. The occurrence
stands as an outrage, an outrage to our sense of
justice. The rest of the story describes the extent
that the undulating tentacles of GE have choked
the legislative system from freely investigating
and pursuing answers to questions yet to be addressed
in this sad tale of a mega-corporation crushing
the hopes of good people and ruining the career
of a man of integrity.
Chapter One
They Read The Figures Wrong
"They read the figures wrong."
I gripped the receiver tightly as I absorbed the
full impact of the words. I was going down…hard.
I knew it, but I couldn’t fully believe it. The
last chat had seemed so final, and I believed the
whole mess was going to work out okay. Not great,
but okay.
"They read the figures wrong."
How could they do this to these people? More importantly,
why? Not one loss due to excessive claims. No hassles
with the group plan. Good profit for the company.
Good profit for me too. The program was good and
had benefited everyone! These people had trusted
me. They were my friends…my dear, dear friends.
My life! These people were going to take away the
life I had built for myself over the last twenty-five
years. Twenty-five years! Twenty-five years of loyal
service to the company. Flushed. Vanished.
My clients; my friends! Oh God! This can’t be happening!
"They read the figures wrong."
My mother! How was I going to care for her? I’d
never be able to keep up the payments. As the shock
of that truth slowly sank in, I felt a sick smile
extend across my lips. Gradually, it turned into
a grimace, then a silent, open cry. My friends and
co-workers were going to dump it all on me. I was
going down and there was absolutely nothing I could
do to stop it. Hearing those words, I understood
that there was only one thing that could work: don’t
struggle. Go with the flow and everything will be
fine. How? How could this be fine? I didn’t know,
but my faith met up with the challenge and I relaxed
into the strong arms of that security.
Security.
How ironic that the characteristic I desired most
from my career and the company I represented would
be found in the realm of a faith that kept me floating
on the waves of life since the days of my childhood.
My career in health insurance sales began when
I took a position with an insurance agency in Linwood,
California. By 1966, I had almost ten years of experience
as a secretary. I had worked for very large companies,
not the least of which was the Ford Motor Company
in Los Angeles, California. I was hired as the secretary
to the plant engineer and later became secretary
to the supervisor of the process engineering department.
I consider working for Ford Motor Company my greatest
compliment as a secretary. At Ford, there was no
dead wood. You either pulled your weight or you
didn’t stay. In those days there were very few men
who were secretaries. Today, most secretaries have
been re-dubbed "office managers" or "administrative
assistant" or some such politically correct
title. But I like "secretary". I feel,
and have always felt, that the role of a secretary
is an honorable and vital role in any organization.
There was a three-line ad in the Long Beach
Press – Telegram for a position as a secretary.
I called and asked if they would consider a male
secretary. They encouraged me to come in for an
interview.
I arrived at the office of Forman, Forman and
Associates and was greeted by C. Mitchell Hart
and Nathan K. Forman. That evening, they interviewed
me extensively. At one point in the interview, I
produced samples of my previous work, and Mr. Forman
was truly blown away. You see, I kept my writing
samples in a three-ring binder inside protective
plastic sheets. In 1964, this was a demonstration
of the utmost professionalism in the eyes of my
soon-to-be employers.
When I pulled the binder out, Nathan could not
contain his astonishment. "I have never had
an applicant present me with a resume like this."
I have had the word "perfectionist" applied
to me many times before. I take great pride in that
label, especially when my work demanded such an
attribute.
Forman, Forman and Associates was a large
insurance agency, specializing in health insurance
for Christian Scientists, Los Angeles County employees,
City of Los Angeles employees, State of California
employees and other groups. I must admit, I was
not particularly impressed with the situation. As
far as the office work was concerned, there was
no organization within the company. Sure, the business
was healthy; the problem existed in that the business
was growing too quickly for the agency office to
keep up. They offered me the position with great
enthusiasm, but I left the office that night not
terribly impressed. I decided not to take the job.
Days passed. Then on a Sunday, while I was lying
on my bed, the phone rang. Mr. Hart was on the other
end, pleading with me to take the job. I explained
to him that I had made my decision and I hoped that
he could find someone else suitable for the position.
He did not give up. Instead, Mr. Hart countered
with information about his agency. He advised me
that I would be passing up a wonderful opportunity
by not going to work for Forman. Apparently, Forman’s
father-in-law was none other than Floyd Clodfelter,
an extremely wealthy man whose corporation owned
the Gene Autry Hotel in Los Angeles. He was so wealthy,
in fact, that his mansion on Mercer Island in Washington
State had its own helicopter landing pad.
Hart told me this so I would know that there was
financial backing securing my job. My main concern
revolved around the financial security of their
operation, and the real possibility that the entire
business could collapse under an overabundance of
paperwork. With this new information, I changed
my mind.
The paperwork I encountered was the worst that
I had ever seen. Now, I am big on stapling. I always
arranged files in such a way that, when the file
needed to be looked at, it was neat and tidy, progressing
in a logical, easily duplicated pattern. I pulled
out cards and sheets from old information and notes,
reattaching the crucial information to new files.
Just when I began to feel I had made some progress,
I would be besieged again by even more paperwork.
As time wore on, I became overwhelmed past the
point of recovery. I looked for another position,
but nothing developed. I decided the only option
was to tough it out and stay. On one particularly
grueling day, the work was so backed up that I called
Mrs. Forman to get to the office immediately or
I was walking out. Before I was hired, Mrs. Forman
had done the work of the secretary. I spoke with
her about her organization, or disorganization of
the office files. Our conversations usually revolved
around how the basics of filing were done.
Following my phone call, she arrived at the office
in a beautiful, Kelly Green silk dress. She often
took care of the book keeping that had to be done.
The payroll deductions alone were a nightmare.
After a very concentrated series of discussions
and calamities, Forman gave me an assistant. Unhappily,
the writing on the wall had already begun to appear.
I knew I would soon be leaving the firm.
Mr. Forman’s unethical behavior led me to leave.
Not long after my decision, I received a phone call
from a woman named June Gates. She was the sister-in-law
of a man I had worked for, prior to Forman. She,
her mother, her stepfather and the McCook family
ran the Catalina Steamship Corporation known as
MGRS. She called to ask if I would come and
work for her. Primarily because of the stress in
my life from working under Nathan, I opted to take
that job.
The Great White Steamer was a seasonal operation,
serving Catalina Island, a resort community, in
the spring, summer and fall. The business operating
in full for only six months of the year, we sat
around and did next to nothing for the balance of
the year. For six months the job offered no challenge.
I was looking for work again.
This time my search for employment was sparked
by boredom. I felt a little like Goldilocks, searching
for the level of activity that was "just right".
Finally, I found a position with a firm whose head
had gone through six secretaries in one year. To
protect the unrighteous, I have dubbed this maniac
of a boss, "Mr. L." Prior to my arrival,
one of his secretaries had suffered a nervous breakdown
and was on State disability. I had no knowledge
of any past secretaries, or how many he had gone
through before I showed up. I was interviewed by
the Vice-president of the company. After thinking
about what I had seen, I wrote a very polite letter
to Mr. L. informing him that the position was not
right for me.
Again, one afternoon while I was having a nap,
he phoned. He pleaded with me to take the job. Seems
the job search technique of lying down for a nap
was working miracles for me, resulting in people
calling me and begging me to work for them again.
"The sky is the limit," he told me.
Once more I was duped into taking a position I
did not want. Within a week, he began cursing and
blackguarding me. I did not need or deserve this
kind of abuse. I was going to do something about
it. My chance came one day when I got Mr. L. his
coffee and said to him, "Mr. L., I’m giving
you my notice. I don’t take personally the way you
speak to me. You talk to everyone that way. The
difference between them and me is, I don’t have
to take it." I quit.
I refused to go on state unemployment. My mother
and father helped me out, but this could not go
on forever.
I went into a bit of a panic about my recent state
of affairs one day. I felt moved to pray. I lifted
my arms toward heaven and said, "Heavenly Father,
I thank you for every adversity that has ever come
my way, including this one."
Immediately, I felt the weight of the whole world,
the weight I had been carrying for some time, lifted
off my shoulders. With my newfound freedom, I called
Mr. Forman at his home. Jean, his wife, answered.
She said he was not in; I asked her to ask him if
he would like me to sell the Christian Science program.
A day later, I saw Mr. Forman. He was delighted.
"Edward," he said, "I can not think
of a better combination of product and personality
than you and the Christian Scientists."
I took the job. My official start date was September
1, 1970.
I remember my first day in the field with so much
clarity; it is like it was yesterday. The weather
was wonderful. I had my first appointment with a
Christian Science Practitioner named Mary Irene
Beck. When I walked into her office in the Ocean
Center Building in Long Beach, California, I was
met by a beautiful/handsome woman with a glorious
head of silver hair. She sat down behind her desk
and I sat directly in front of her. We discussed
the program extensively. Her piercing eyes sought
answers regarding the fine distinctions of the program.
After about thirty minutes of questions and answers,
Mary looked at me and said, "I’m going to take
the policy. When I get it, I am going to put it
away and forget about it. I don’t want to use it.
But, if I need it, it’s there. I will not be a burden
to my daughter and son-in-law."
That call set the pace and tone for my sales. I’ve
told that story a hundred times to encourage people
to buy into the program.
Mrs. Beck made a tremendous impression on me. She
was dignified, refined and the very essence of womanhood.
As a Christian Science Practitioner, her demeanor
was as professional as any doctor I had ever met.
After my call with Mrs. Beck, I had to drive all
the way back to the San Fernando Valley, similar
to driving halfway around the world, for my second
call. I met with Ruth Pease, another lovely woman,
and I spent time with her and her adult daughter.
My second appointment and my second sale all in
my first day in the field!
I was, in a word, ecstatic.
When I left her home that night, I had made three
hundred dollars in one day! As a secretary, the
most I ever made was eight hundred dollars in a
month. That night I knew I had found my niche.
When I got home to Long Beach, I could not contain
myself any longer. I exited the freeway at the Pacific
Coast Highway and stopped at the corner of Pacific
Coast and Magnolia Avenue. I used the pay phone
at the corner of a motel and called Nathan at his
home. As usual, he wasn’t there, but Jean answered
and I told her the good news.
Now, I was hearing that what I had built since
that day, over the previous twenty-five years, was
going to come crashing down on me. When I finally
placed the receiver back into its cradle, the words
continued to echo in my head.
"They read the figures wrong."
Chapter Two
Let Your Fingers Do the Walking
With the words still echoing in my ears, I went
into the office and stood in front of Peter Neilson,
my wonderful administrative assistant and secretary.
My office is in my home and always has been. I stood
there, ashen white, and tried to explain to him
what was going to be happening. How can you explain
to a man like Peter that he was about to go down
with me.
He responded with disbelief himself. His main concern
was always to the clients. One day when I walked
into the office, Peter had tears in his eyes. I
asked him what was wrong and he said that Beryl
Burger had passed away. Peter had developed quite
a relationship with this woman over the phone. I
think it was because she reminded him of his mother,
who was deceased. He loved the clients dearly, would
spend untold amounts of time with them on the phone,
explaining their benefits for them, working on their
claims and taking care of any details that the client
needed.
Peter was a Canadian who had come to California
some 20 years prior to working for me. He was a
registered Nurse and there was a tremendous shortage
of nurses in the US at the time. Peter was the type
of nurse who could have walked into any hospital
in the nation and been hired on the spot; he was
that highly qualified and knowledgeable in the medical
field.
His first job was at St. Mary’s Medical Center
in Long Beach. He was hired by the chief physician
of the Emergency Room who turned out to be none
other than Dr. Jeffery McDonald, the man who murdered
his wife and two little girls in South Carolina.
What a way to start a new job in a new country!
Peter worked as a nurse for about 20 years and
finally burned out, which it seems is common in
the nursing profession. One day I called his sister,
who was also a nurse. I asked if she thought Peter
would like to work for me. She was delighted and
said to me "There is nothing in this world
I would not do for you for doing this for my brother."
I then called Peter and asked him to come over for
an interview. He took the job immediately and turned
out to be one of the best employees an employer
could hope for. From time to time, his vacation
allowance would build to such a degree that I would
tell him he should take some time off. He looked
at me and said, "Edward, coming to work every
day is my vacation." Unbelievable.
I knew immediately that I was going to take legal
action. I had to. I couldn’t let this go without
a fight. I’d fight for my business, which I had
worked so hard to build. I would fight for Peter,
who had worked so hard and so faithfully for me.
I’d fight to maintain my integrity, something I
held dearly my entire life. But most of all, I would
fight for my lovely clients, most of whom were in
their 70’s, 80’s and 90’s. There was no way in the
world that I would allow Combined and GE
to get away with this.
So, I did what the Yellow Pages advertisers encourage
us to do. I grabbed the phone book and let my fingers
do the walking. They walked straight to an attorney
by the name of Craig Cassing. I picked up the phone
and called. I was no longer shaky from disbelief.
Now I was angry. I had to leave a message on his
answering machine.
When Mr. Cassing returned my call, I explained
to him what was happening and asked if he would
be willing to discuss the case. I offered to come
to his office and he said that because he was in
the process of moving offices, we would have to
meet at a restaurant. That made no sense! Besides,
I did not want to meet at a restaurant to discuss
theses things. I said, "No, Craig, come to
my home. My office is in my home and I have the
files right here."
He agreed, and shortly thereafter, Mr. Cassing
did come to my home. When I went to the door, I
saw a very tall, handsome man with black hair, with
a small amount of gray at the temples. He had one
of the finest speaking voices I have ever heard.
I never saw him in a courtroom, but I can imagine
his voice sounded like a trumpet when he addressed
the court. He walked in, sat down in the living
room and I began to explain to him what was happening.
I had, in truth, called him with the intention
of taking my own case. He informed me outright that
the best thing to do was to wait until we had won
the case on behalf of the clients. Then my case
would be a "Slam Dunk." Feeling that he
was the expert in the matter, I agreed with him.
He took the necessary documents and began doing
the research as relates to insurance fraud and prepared
his opening brief for the court. Mr. Lind was an
elderly gentleman in his late 70’s with a mind as
clear as a bell. During the announcement of the
cancellation I spoke to him on the phone and pointed
out the possibility of a class action law suit.
I explained that at the very least we might be able
to get his money back. He informed me in no uncertain
terms he did not want his money back. "I want
my coverage!" Therefore, at that point, we
had the one person needed to file the law suit.
With Mr. Lind on board, Craig Cassing was now in
a position to move forward and file the suit and
his opening brief to the court, which is now printed
here in its entirety.
Now Comes Plaintiff and Alleges:
- Plaintiff is a resident of the State of California,
residing in the City of Laguna Hills, in Orange
County, California.
- Plaintiff brings this action on his own behalf
and on behalf of all persons similarly situated.
The class that plaintiff represents is composed
of all individuals who are now insured under a
certain Master Group Insurance Policy, identified
as Policy No. 50 C 03248, also identified as The
Christian Scientists Group Insurance Trust, which
was issued by defendant, COMBINED INSURANCE COMPANY
OF AMERICA, and its parent company, AON CORPORATION,
defendant herein. The persons in the class are
so numerous, consisting of approximately one thousand
individuals, that the joinder of all such persons
is impracticable and that the disposition of their
claims in a class action rather than in individual
actions will benefit the parties and the court.
- There is a well-defined community of interest
in the questions of law and fact involved affecting
the plaintiff class in that all members of the
class were issued identical Certificates of Insurance,
or binders to their earlier purchased insurance
policies, are insured under the identical policy
of insurance, and have been delivered identical
letters or delivered similar communications at
the direction of the defendant wherein the said
insurance carrier is now attempting to terminate
each member’s insurance coverage and thereby affect
each member’s contractual rights under the policy
of insurance, referred to herein above. The issue
of the legal effect of the termination letter
or directive on the policy rights of the insured
members of the class will be identical. This inquiry
of law and fact predominates over any questions
that affect only individual class members. The
claim of this individual plaintiff will fairly
and adequately represent the interests of the
class.
- There is no plain, speedy or adequate remedy
other than by maintenance of this class action
since plaintiff in informed and believes that
the damage to each plaintiff is relatively small
versus the expenses of maintaining separate causes
of action, making it economically unfeasible to
pursue remedies other than a class action. Consequently,
there would be a failure of justice but for the
maintenance of the present class action.
- The prosecution of individual remedies by members
of the plaintiff class would tend to establish
inconsistent standards of conduct for the defendants
and to result in the impairment of class members’
rights and the disposition of their interests
through actions to which they were not parties.
- Defendant, COMBINED INSURANCE COMPANY OF AMERICA,
is a legal reserve stock corporation. Defendant
is a corporation authorized to do business as
an insurance company, and organized and existing
under the laws of the State of Illinois, with
its principal place of business in Chicago, Illinois.
- Defendant, AON CORPORATION, is the parent corporation
of COMBINED INSURANCE COMPANY OF AMERICA, defendant
herein. Defendant, AOM CORPORATION, is a corporation
authorized to do business as an insurance company
and organized and existing under the laws of the
State of Illinois, with its principal place of
business in Chicago, Illinois.
- Plaintiff does not know the true names of defendants
DOES 1 through 50, all inclusive, and therefore
sues them by those fictitious names. Plaintiff
is informed and believes, and on the basis of
that information and belief alleges, that each
of the defendants are and/or were engaged in the
issuance of the policy of insurance referred to
in paragraph 2, set forth hereinabove.
- On or about 1991, plaintiff became entitled
to the benefits under the policy identified in
paragraph 2, above, by virtue of an amendment
rider, which is attached hereto, marked "Exhibit
A"*. Plaintiff also became entitled
to additional benefits for ‘sheltered care’, under
the same policy on October 15, 1994, a copy of
said certificate amendment rider is attached hereto,
marked "Exhibit B"*. A true copy of
the Certificate of Insurance is attached hereto
and marked "Exhibit C"*. Each said contract
was entered into in the County of Orange, and
was to be performed in said county, thus venue
is vested in Orange County, California.
- Plaintiff has performed all conditions required
by him under the said policy of insurance, including
the payment of all required premiums established
by said policy.
- On or about October 20, 1995, plaintiff was
informed that the policy of insurance, as described
above, was to be terminated by defendant. Plaintiff
was further informed that by virtue of said termination
that plaintiff would no longer be entitled to
any of the coverage’s of insurance as identified
in paragraph 9.
- Plaintiff is informed and believes, and thereon
alleges, that letters have been prepared at the
direction of the defendants, and are now or soon
hereafter to be delivered to every policy holder
notifying said policy holders that defendant is
unilaterally terminating the policy of insurance
under which this plaintiff and all members of
the class are presently insured.
- An actual controvert has arisen between the
parties regarding their respective rights and
obligations under the insurance policy and whether
the policy can be terminated and whether the plaintiff
and all members of this class purchased lifetime
coverage by payment of the premiums.
- Plaintiff contends that the policy of insurance,
referred to hereinabove, provides "Lifetime
Coverage" for confinement in a dedicated
Christian Science sanatorium, Christian Science
nursing home, or a regular hospital. Further,
plaintiff contends that the said policy of insurance
additionally provides "Lifetime Coverage"
for "Sheltered Care in any Dedicated Christian
Science Facility". These declarations of
coverage were articulated in a letter received
from defendants by plaintiff prior to enrollment
in the policy and the payment of the annual premiums.
A true copy of the letter is attached hereto,
marked "Exhibit D"*. Plaintiff contends
that the Certificate of Insurance issued by defendants
who reflected the terms of the Master Group Policy
contained no provision whatsoever allowing for
the termination of these insurance coverage’s,
and is therefore, non-cancellable, and can not
now be terminated by defendants.
- Defendants contend that they have the right
to now end the policy for which plaintiff and
all other members of this class have paid premiums,
notwithstanding that said payments were made under
the belief that the coverage was for their respective
lifetimes and constituted non-cancellable insurance
coverage.
- Plaintiff has incurred, and during the pendency
of this action, will incur expenses for attorney’s
feel and costs herein. Such attorney’s fees and
costs are necessary for the prosecution of this
action and will result in a benefit to each member
of the class.
WHEREFORE, Plaintiff prays judgment as follows:
- That the Court declare the rights and obligations
of each of the parties with regard to the policy
of insurance, subject to this dispute;
- That the Court declares that the policy of
insurance issued by defendants is non-cancellable,
and that the coverage provided to plaintiff
and all members of the class are lifelong benefits.
- That the Court declare that the actions of
the defendants in notifying plaintiff and all
other members of this class that the subject
insurance policy has been terminated and declaring
that the coverage has been canceled is of no
legal affect whatsoever, and that the policy
of insurance subject to this dispute remains
in full force and effect, notwithstanding the
unilateral action by said defendants to deny
the same;
- For the payment of plaintiff’s attorney’s
fees as cost, the same having been recovered
for the joint benefit of the members of the
class;
- For costs of suit herein incurred; and
- For such other and further relief as this
Court may deem proper in these circumstances.
Dated: October 31, 1995
M. Craig Cassing
Attorney for Plaintiff
We waited for a hearing date and finally the day
arrived. It was to be in front of Commissioner Jane
D. Meyers. A commissioner is the same as a judge,
without the "big company benefits". Interestingly,
when Mr. Cassing went to file the law suit, it was
Commissioner Meyer’s name that came up to hear the
case. The clerk said to Mr. Cassing, "You don’t
know how lucky you are to get her. She is very involved
in her own church work." When Craig enlightened
me with that news, my spirits rose dramatically.
I just knew in my own heart that she would give
a fair ruling on behalf of the client.
Was I ever wrong!
Chapter Three
It is a Drastic Thing I Am About to Do to
You
We had waited for so long to reach this day, Wednesday,
February 28, 1996, the day of the oral argument.
Finally the day arrived. Commissioner Meyers addressed
Mr. Cassing and court was officially in session.
Following is the verbatim transcript of the oral
argument. Combined was represented by attorney
Laura Forbes, with Paul, Hastings, Janofsky, and
Walker of Costa Mesa California. This is a massive
law firm with worldwide offices. Combined
knew they were in trouble, or they would not have
hired such a powerful law firm to represent them.
The Court: Fifteen, Lind against Combined
Insurance Company of America.
Ms. Forbes: Good morning, your Honor.
Laura Forbes on behalf of defendant, Combined Insurance
Company.
Mr. Cassing: Craig Cassing on behalf
of the plaintiff, responding party.
The Court: All right, this is a demurrer,
and the tentative is to sustain without leave to
amend. I’d be happy to hear from opposing counsel
with respect to what other policy it could be except
the master policy, although I think you covered
that rather thoroughly in your opposition, and I
don’t see how it’s ambiguous. Those are my problems.
Mr. Cassing: Well, your Honor,
the reply brief indicated that the term policy was
defined in the certificate, which I don’t find that
there is any definition of what policy means in
the certificate, and in fact on the last page of
the certificate itself, the very last paragraph
when it talks about the policy, the very last section
of the certificate which was attached to the complaint.
The Court: I looked at it carefully.
Mr. Cassing: I’m sure. And this
is something that I had not previously mentioned
because it was raised in the reply brief, but it
states, "The master group policy," which
–
The Court: Wait; Let me catch up to you.
Mr. Cassing: I’m sorry.
The Court: You’re on what page of the
policy?
Mr. Cassing: Page 5 of the certificate.
The Court: Right. Okay, just a minute.
(pause on record)
The Court: Very well.
Mr. Cassing: It indicates a reference
to "The master group policy," which –
The Court: Which paragraph? Oh, down
at the –
Mr. Cassing: I’m sorry, your Honor.
The Court: -- very bottom. Is that it?
Mr. Cassing: I’m on the very last paragraph,
the very last reference.
The Court: Next to last?
Mr Cassing: It’s just above the signatures.
The Court: Okay.
Mr. Cassing: All right. There
for the first time I find – and I can represent
to the court my reading is that’s the first time
the term "master group policy" is used,
and it’s the first time there’s a reference made
to defining what the policy language means, and
what we’re talking about when we talk about policy.
My point being that if we’re going to talk about
policy, an insurance policy, and we’re going to
talk about master group policy, you can put adjectives
in front of it and tell us what it means, they finally
do at that very last paragraph, and that’s probably
making reference to something different than policy.
My point is that policy means many different things.
It can mean either the master group policy or it
can mean my individual policy, and in this case
the reference they’re making to the power to terminate
the policy is under the category of termination
of individual insurance. That’s where it is in the
certificate. It’s the only time that they reference
their supposed power to terminate the policy is
under a category called termination of individual
insurance, and now they’d like to bootstrap themselves
in to say, "well, that really meant master
policy."
Ms. Forbes: Your Honor, if I could draw
your attention to the first page of the same certificate.
While there is no definition of the word policy,
we don’t say or imply that it’s defined, we say
it’s referred to.
If you look at the line toward the top of the page,
"Having issued policy number," there’s
a policy number, form number, it goes on to say,
the second full paragraph of the document, "Such
insurance coverage provided by the said policy shall
be effective," et cetera.
The only policy at issue here – this is a group
policy. It’s not an individual insurance policy.
There’s one policy which is represented by certificates
issued to the various insured’s.
Mr. Cassing: If I might respond to that.
That’s very fair for the insurance company to take
that position, but I’m representing the people who
purchased the policy, and they’re not bound by the
interpretation that the insurance company would
today like to put on it, or which maybe the law
might say is applied if we know all the facts in
this case, but there’s been no discovery in this
case. We’ve had no opportunity to determine what
these people were told that these particular words
meant in their insurance policy when they purchased
it. This isn’t a motion for summary judgment, as
the court is well aware. It’s a motion – or relief
by demurrer.
By their own reply brief they’re indicating that
this is a factual determination that the court alone
can make. I don’t argue that. The court can make
factual determinations, but they’re customarily
done by motion for summary judgment when all the
facts can be put out. This is just in the pleading
stage.
The Court: Okay. Well, it’s a drastic
thing that I’m about to do to you, so I will consider
it further, although at this point nothing has changed
my mind, so don’t be surprised if I don’t change
it.
Mr. Cassing: All right.
The Court: We’ll get the minute order.
It will be under submission.
Mr. Cassing: Thank you.
Ms. Forbes: Thank you, your Honor.
I hope you notice that either this judge was not
too swift (eg – "Wait, let me catch up with
you" "You’re on what page of the policy?"
"Which paragraph? Oh, down the…") or she
was stalling, or simply trying to frustrate Craig.
She gave no reason! She at least owed the clients
that! When Craig informed me of the outcome, I was
simply aghast. I could not believe what I was hearing.
Some days later, I was talking with a friend. He
looked at me and said, "I wonder how much they
paid her to do that?" My already-jaundiced
eye of suspicion relating to the judiciary began
to open wider.
What do you think?
Would
you like more information? Click here to e-mail
Edward E. Baskett
...
or visit him online at: www.EdwardBaskett.com
We also invite
you to read the first three chapters of Edward
Eugene Baskett's e-book, "An
Accused Homosexual Looks at American Justice"
